Litigating and Resolving Advertising Disputes

May 6, 2011 - PRLog -- No. 2 tax preparer in the U.S. files a federal lawsuit alleging its larger rival maligned it with false advertising that incorporates several literally false, misleading and highly disparaging advertising claims (Wall Street Journal, 1/31/11)

Class action lawsuit asks restaurant chain to stop misrepresenting its products and engage in a corrective advertising campaign (Reuters, 1/25/11)

Federal regulators sue the maker of a popular fruit drink, in a widening effort by the government to clamp down on food ads that tout specific health benefits. (Wall Street Journal, 9/27/10)

Never before have advertisers been so pressured by issues arising simultaneously with competitors, with state and federal regulators, and with consumers. At this uniquely trying time, marketing claims are the focus of inquiries by the FTC, investigations by state prosecutors, or a trigger for consumer class action claims. In addition, companies must keep track of initiatives seeking greater substantiation for certain types of advertising, and comply with new regulatory guidance. Meanwhile, wars between competitors continue to erupt that threaten market share and lead to bitter false advertising disputes and costly litigation.

LEARN THE MOST EFFECTIVE STRATEGIES FOR DEFENDING YOUR CLAIMS AND CHALLENGING MISLEADING STATEMENTS BY COMPETITORS

Counsel for brand companies must now focus on revising internal practices to meet the new standards that have been set by regulators, and be prepared to both bring and defend challenges to competitive claims. American Conference Institute has specifically designed its 2nd Litigating and Resolving Advertising Disputes conference to be an intensive and comprehensive guide for staying one step ahead of the latest legal exposures and risks, as well as providing effective tactics for success in the different forums where advertising claims are examined and resolved. In the current more litigious environment, it is vital to be prepared to advocate your case before the National Advertising Division (NAD), in the federal courts under the Lanham Act, and to respond effectively to regulatory scrutiny by the FTC. In addition, increasingly industry counsel must be prepared to resolve investigations by state enforcers, and to defend against consumer class action actions relating to the making of allegedly misleading claims.

PANEL FOCUSING ON INCREASED STATE ENFORCEMENT

This year’s program will zero in on the increased amount of activity (including large recent settlements) taking place at the state enforcement level. A special panel including senior officials from the states of New York and Massachusetts and Ted Suzuki, Associate General Counsel of DIRECTV, will offer rare inside insights on how state laws are being applied in multi-state consumer protection actions and settlement negotiations.

ACI’s conference will bring together industry leaders who will share with you their proven strategies and solutions for handling advertising disputes in the courts, at the NAD, at the FTC and directly with the major television networks. The program will feature an unprecedented in-house faculty including experts from companies on the front line of the current advertising debate including Verizon, DirectTV, Dannon, Priceline, FedEx, Clorox and other major brands. In a unique session, potential strategies will be examined for responding to recent conduct and pronouncements by the FTC, including consideration of whether to take an aggressive stance against the Commission.

You can add value to your attendance by taking advantage of our high-level interactive workshops. On Defending and Challenging Consumer Surveys in a False Advertising Case, you will gain a deep understanding of how research and consumer perception surveys are utilized to provide support for a claim, to ensure that your arguments will withstand scrutiny. Master Class A, Supporting Comparative, Health Benefit, and other Hot Button Claims: Interactive Workshop on Substantiating Ads that Attract Extra Scrutiny is designed to offer very timely guidance on navigating the FTC’s new take on health-related claims and other areas of heightened risk for advertisers. At the Advertising Counsel Advanced Luncheon Workshop on Defending & Challenging Consumer Surveys, you will gain a deep understanding of how research and consumer perception surveys will be scrutinized when a conflict arises, in an interactive session conducive to networking with peers from other brand companies.

Read more about this at: http://americanconference.com/2011/756/litigating-and-res...

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